Legislature(1995 - 1996)

1995-02-27 House Journal

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1995-02-27                     House Journal                      Page 0477
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday          February 27, 1995         
                                                                               
                                                                               
                               Forty-third Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:09 a.m.                                                         
                                                                               
Roll call showed 39 members present.                                           
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House as noted:                 
                                                                               
Representative Nicholia - from 6:30 a.m., plane time, February 27 to           
8:48 p.m., February 28, 1995.                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The invocation was offered by the Chaplain, Reverend Laura Minnich             
Lockey of the Holy Trinity Episcopal Church.  Representative Green             
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Almighty God,                                                                
                                                                               
You have given us this good land for our heritage.  We humbly                 
ask You that we may always prove ourselves to be a people                      
mindful of Your favor and glad to do Your will.  Bless our land                
with honorable industry and sound learning.  Save us from                      
violence, discord and confusion; from pride and arrogance and                  
from all evil.  Defend our liberties and fashion into one united               
people the multitudes brought together in this state out of many               
cultures and tongues.                                                          
                                                                               
                                                                               
                                       1                                       

1995-02-27                     House Journal                      Page 0478
Give the spirit of wisdom to those to whom we entrust the                     
authority of government, that there may be justice and peace at                
home.  In times of prosperity, fill our hearts with thankfulness, and          
in days of trouble, let us keep our trust in You.                              
                                                                               
In Your Holy Name we pray.  Amen."                                            
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Kubina.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 38th, 39th, 40th, 41st and 42nd legislative days, and          
Senate & House Joint Journal Supplement No. 9 be approved as                   
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter dated February 24, 1995, was read stating that, in accordance         
with AS 39.05.080 and Article III, Sections 25 and 26, of the Alaska           
Constitution, the Governor submits the following name for legislative          
confirmation to the position noted.  The Speaker referred the following        
to the House Special Committee on Fisheries and the Resources                  
Committee:                                                                     
                                                                               
                                                                               
Dept. of Fish and Game                                                        
Commissioner designee Frank Rue                                              
                                                                               
A resume for the appointment is on file in the Chief Clerk's office.           
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
Messages dated February 22, and 23, 1995, were read stating the                
Senate has passed the following, and they are transmitted for                  
consideration:                                                                 
                                                                               

1995-02-27                     House Journal                      Page 0479
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
SJR 12                                                                       
CS FOR SENATE JOINT RESOLUTION NO. 12(RES) by the Senate                       
Resources Committee:                                                           
                                                                               
Relating to the United States Department of Agriculture, Forest               
Service; relating to the United States Department of Agriculture,              
Forest Service, strategic plan known as "Reinvention of the Forest             
Service"; and advocating that implementation of the plan be                    
suspended pending Congressional review and consultation with                   
local governments.                                                             
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 13                                                                        
CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) by the Senate                   
Judiciary Committee, entitled:                                                 
                                                                               
"An Act relating to the admissibility into evidence of                        
deoxyribonucleic acid (DNA) profiles in civil and criminal                     
proceedings."                                                                  
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 62                                                                        
SENATE BILL NO. 62 by Senator Green, entitled:                                 
                                                                               
"An Act relating to birth certificates for certain foreign born               
persons who are adopted."                                                      
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
SB 68                                                                        
CS FOR SENATE BILL NO. 68(HES) am by the Senate Health,                        
Education & Social Services Committee, entitled:                               

1995-02-27                     House Journal                      Page 0480
SB 68                                                                        
"An Act relating to the donation to a food bank of hatchery                   
salmon, to the donation of food by meat processors, seafood                    
processors, manufacturers, packers, processors, bottlers, and similar          
entities, and to who qualifies as a food bank."                                
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and Health, Education & Social Services Committee.                
                                                                               
                                COMMUNICATIONS                               
                                                                               
Letters of disclosure were received in accordance with AS 24.60 and            
appear in House Journal Supplement No. 3 and House & Senate Joint              
Journal Supplement No. 10.                                                     
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Dept. of Labor                                                                 
Alaska Labor Relations Agency                                                  
1994 Annual Report                                                             
(as required by AS 23.05.370(4))                                               
                                                                               
Dept. of Health & Social Services                                              
Division of Medical Assistance                                                 
Annual Report, Fiscal Year 1994                                                
                                                                               
University of Alaska 1993-94                                                   
Report to the Legislature                                                      
(as required by AS 14.40.190                                                   
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 42                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 42                                                             
"An Act relating to absentee voting, to electronic transmission of            
absentee ballot applications, and to delivery of ballots to absentee           
ballot applicants by electronic transmission, and enacting a                   
definition of the term 'state election' for purposes of absentee               
voting."                                                                       

1995-02-27                     House Journal                      Page 0481
HB 42                                                                        
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 42 (STA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (9):  Hanley, Martin, Parnell, Kohring, Grussendorf,                   
Therriault, Foster, Mulder, Brown                                              
                                                                               
No recommendation (1):  Kelly                                                  
                                                                               
The following fiscal note applies to CSHB 42(STA):                             
                                                                               
Fiscal note, Office of the Governor, 2/27/95                                   
                                                                               
HB 42 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HB 80                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO.  80                                                            
"An Act relating to the approval, change, or vacation of                      
subdivision plats in areas outside organized boroughs, in the                  
unorganized borough outside of cities, and in the third class                  
boroughs; and relating to the definitions of 'street' and                      
'subdivision'."                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 80(CRA)                                                 
"An Act establishing the Department of Natural Resources as the               
platting authority in certain areas of the state; relating to                  
subdivisions and dedications; and providing for an effective date."            
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Kott, Barnes, Green, Williams, Austerman                         

1995-02-27                     House Journal                      Page 0482
HB 80                                                                        
The following fiscal notes apply to CSHB 80(CRA):                              
                                                                               
Fiscal note, Dept. of Natural Resources, 2/22/95                               
Fiscal note, Dept. of Community & Regional Affairs, 2/22/95                    
                                                                               
HB 80 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HB 132                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 132                                                            
"An Act repealing the ability of persons seeking an elective state            
executive office or a state or national legislative office to petition         
for inclusion of their names on the state general election ballot;             
requiring candidates of all political groups for a state or national           
legislative office to compete at the state primary election for the            
placement on the general election ballot of the name of the one                
candidate from each political group that receives the greatest                 
number of votes cast; and requiring candidates of all political                
groups for state executive office to compete at the state primary              
election for the placement on the general election ballot of the               
name of the one candidate for governor from each political group               
that receives the greatest number of votes cast and the name of the            
one candidate for lieutenant governor from the same political                  
group that receives the greatest number of votes cast."                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 132(FIN)                                                
"An Act repealing the ability of persons seeking an elective state            
executive office or a state or national legislative office to petition         
for inclusion of their names on the state general election ballot;             
requiring candidates of all political groups for a state or national           
legislative office to compete at the state primary election for the            
placement on the general election ballot of the name of the one                
candidate from each political group that receives the greatest                 
number of votes cast; requiring candidates of all political groups             
for state executive office to compete at the state primary election            
for the placement on the general election ballot of the name of the            
one candidate for governor from each political group that receives             

1995-02-27                     House Journal                      Page 0483
HB 132                                                                       
the greatest number of votes cast and the name of the one                     
candidate for lieutenant governor from the same political group                
that receives the greatest number of votes cast; and making related            
amendments applicable to nomination vacancies, nominations for                 
special elections, and submitting material for publication in the              
election pamphlet."                                                            
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Mulder, Parnell, Grussendorf, Therriault, Kelly, Kohring,        
Hanley, Foster                                                                 
                                                                               
No recommendation (2):  Martin, Brown                                          
                                                                               
The following fiscal note applies to CSHB 132(FIN):                            
                                                                               
Zero fiscal note, Office of the Governor, 2/15/95                              
                                                                               
HB 132 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 169                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 169                                                            
"An Act defining the scope of the responsibility of the Department            
of Natural Resources for regulating the development of the mineral             
resources of the state."                                                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 169(RES)                                                
"An Act defining the scope of the responsibility of the Department            
of Natural Resources for regulating the mineral resources of the               
state."                                                                        
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Williams, Green, Barnes, Kott, Austerman                         

1995-02-27                     House Journal                      Page 0484
HB 169                                                                       
The following fiscal notes apply to CSHB 169(RES):                             
                                                                               
Zero fiscal note, Dept. of Natural Resources, 2/27/95                          
Zero fiscal note, Dept. of Environmental Conservation, 2/27/95                 
Zero fiscal note, Office of the Governor, 2/27/95                              
Zero fiscal note, Dept. of Fish & Game, 2/27/95                                
                                                                               
HB 169 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Bill Reeder, Soldotna Chamber of Commerce 1994 Person               
of the Year                                                                    
By Representatives G.Davis, Phillips, Navarre; Senators Torgerson,             
Salo                                                                           
                                                                               
Honoring - Sue Carter for Outstanding Community Service                        
By Representative Phillips                                                     
                                                                               
Honoring - Sergeant Christopher S. Jensen, NCO of the Year                     
By Representative Vezey                                                        
                                                                               
Honoring - Specialist James F. Shiver, Soldier of the Year, Fort               
Wainwright and the U.S. Army Alaska                                            
By Representative Vezey                                                        
                                                                               
Honoring - The Soldiers of the U.S. Army Alaska for Rescue Efforts             
During the 1994 Koyukuk River Flood                                            
By Representative Vezey                                                        
                                                                               
Honoring - Professor Neal Brown, University of Alaska Fairbanks                
By Representative Davies                                                       
                                                                               
Honoring - Klawock Chieftains Girls Basketball Team 1995 Southeast             
Region V "A" Tournament Champs                                                 
By Representative Mackie                                                       

1995-02-27                     House Journal                      Page 0485
Honoring - Howard Hosken, Upon His Retirement                                  
By Representative Mulder                                                       
                                                                               
Honoring - Kodiak Area Special Olympics                                        
By Senator Zharoff; Representative Austerman                                   
                                                                               
Honoring - Jim and Millie Tapscott 1995 Fur Rendezvous King and                
Queen Regents                                                                  
By Senator Green                                                               
                                                                               
In Memoriam - Richard A. Cooley                                                
By Representative Finkelstein                                                  
                                                                               
In Memoriam - Louise Huelle                                                    
By Representative Vezey; Senator Sharp                                         
                                                                               
In Memoriam - Lloyd Pike                                                       
By Representative Vezey; Senator Sharp                                         
                                                                               
In Memoriam - Margaret M. Zaverl                                               
By Representative Foster; and                                                  
                                                                               
Honoring - John W. Sibert, Ph.D.                                               
By Senator Pearce                                                              
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 32                                                                       
HOUSE JOINT RESOLUTION NO. 32 by Representatives Foster,                       
Bunde, Grussendorf and Navarre:                                                
                                                                               
Supporting the Alaska Humanities Forum and the National                       
Endowment for the Humanities; endorsing federal legislation                    
reauthorizing and funding the National Endowment for the                       
Humanities; requesting the United States Congress to fund the                  
National Endowment for the Humanities at a fair and reasonable                 
level; and urging the President of the United States to support                
legislation reauthorizing and funding at a fair and reasonable level           
the National Endowment for the Humanities.                                     

1995-02-27                     House Journal                      Page 0486
HJR 32                                                                       
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 186                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 186 by                                   
Representative B.Davis, entitled:                                              
                                                                               
"An Act extending workers' compensation coverage to certain high              
school students in uncompensated work-study programs."                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 193                                                                       
HOUSE BILL NO. 193 by Representatives B.Davis and Brice, entitled:             
                                                                               
"An Act establishing a process for forward funding of education               
programs; and providing for an effective date."                                
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 194                                                                       
HOUSE BILL NO. 194 by Representatives B.Davis and Brice, entitled:             
                                                                               
"An Act making an appropriation for support of kindergarten,                  
primary, and secondary education programs and for the community                
schools program for fiscal year 1997; and providing for an                     
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 195                                                                       
HOUSE BILL NO. 195 by Representative Vezey, entitled:                          
                                                                               
"An Act repealing the laws authorizing milk marketing orders and              
the milk advisory board."                                                      

1995-02-27                     House Journal                      Page 0487
HB 195                                                                       
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
HB 196                                                                       
HOUSE BILL NO. 196 by Representative B.Davis, entitled:                        
                                                                               
"An Act relating to civil liability for breast implants; and                  
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               
HB 197                                                                       
HOUSE BILL NO. 197 by Representatives Foster and Vezey, entitled:              
                                                                               
"An Act providing for exploration incentive credits for activities            
involving locatable and leasable minerals and coal deposits on                 
certain land in the state; and providing for an effective date."               
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 198                                                                       
HOUSE BILL NO. 198 by Representatives Elton, Robinson and                      
Davies, entitled:                                                              
                                                                               
"An Act relating to absences from the state and eligibility for               
permanent fund dividends; and providing for an effective date."                
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
HB 199                                                                       
HOUSE BILL NO. 199 by Representative Ogan, entitled:                           
                                                                               
"An Act creating the crime of criminal transmission of HIV."                  
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               

1995-02-27                     House Journal                      Page 0488
HB 200                                                                       
HOUSE BILL NO. 200 by Representatives Mulder by request and                    
Foster, entitled:                                                              
                                                                               
"An Act reassigning responsibility for the custody of persons                 
pending their arraignments, commitment to the custody of the                   
commissioner of corrections, or admission to a state correctional              
facility, and authorizing the commissioner of corrections to employ            
guards for emergencies on the same basis as the commissioner of                
public safety, as partially exempt service employees; and providing            
for an effective date."                                                        
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 201                                                                       
HOUSE BILL NO. 201 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to prisoner litigation, post-conviction relief,              
sentence appeals, amending Alaska Administrative Rule 10, Alaska               
Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and                 
604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1;              
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that addresses many of the problems arising from           

1995-02-27                     House Journal                      Page 0489
HB 201                                                                       
prisoner litigation, sentence appeals, and frivolous or extremely tardy        
post-conviction relief motions.  This bill is intended to ensure that          
offenders focus their attention on their rehabilitation and reformation,       
rather than on endless "recreational" litigation.                              
                                                                               
The bill also is intended to promote the finality of convictions,              
preserve the sanctity of jury verdicts, minimize the litigation of stale       
claims, and prevent the unjustified dismissal of a criminal case when          
reprosecution is not possible.  Frivolous litigation filed by prisoners        
misallocates resources of the judiciary, the Department of Law, the            
Public Defender's Office, the Office of Public Advocacy, the                   
Department of Corrections, and the public.                                     
                                                                               
Sections 1-5, 13-15, 17, 20-21, and 31 relate to prisoner litigation.          
These sections are designed to reduce the number of frivolous suits            
filed by prisoners that involve the state, its employees, and former           
employees.  This prisoner litigation is preventing the state and the           
court from giving adequate attention to legitimate lawsuits.                   
                                                                               
Sections 1, 15, and 17 of the bill require prisoners to pay filing fees        
for civil proceedings according to their ability to pay.  Section 1            
authorizes the court to summarily dismiss suits or appeals filed by            
prisoners who pay less than full filing fees when those suits or appeals       
are frivolous or malicious or fail to state a claim upon which relief can      
be granted.  Sections 2-5 amend the exemptions statutes so that the            
state can collect judgments entered against prisoner litigants.                
                                                                               
Section 13 authorizes prisoners to appeal administrative disciplinary          
decisions when their fundamental constitutional rights were violated.          
Section 20 authorizes courts to stay the imposition of sanctions arising       
from a disciplinary decision only if the court finds, among other              
factors, that the prisoner faces irreparable harm if the stay is not           
granted and the prisoner is likely to succeed on the merits of the             
appeal.                                                                        
                                                                               
Sections 7, 8, 11, 12, 18, 22, 27, and 28 relate to sentence appeals.  In      
fiscal year 1994, the court of appeals published opinions from 13              
sentence appeals.  Twelve of those sentences were upheld by the court          
of appeals.  The court summarily ruled on another 93 sentence appeals          
in this same time period.  Only eight of those were reversed.  Thus,           
over 90 percent of all sentence appeals (97 of 106) have resulted in the       

1995-02-27                     House Journal                      Page 0490
HB 201                                                                       
sentence being affirmed by the court of appeals.  This bill limits             
appeals from the 90 percent of cases in which the lower court's                
sentences are routinely upheld.  Sections 18 and 22 prevent defendants         
from appealing sentences or portions of sentences that they agreed to          
as part of a plea agreement with the state.  For example, a defendant          
who agrees to a sentence of up to three years should not be heard to           
complain if the court imposes a sentence of that length or less.               
Similarly, secs. 27 and 28 prevent a court from modifying or reducing          
a sentence that was imposed in accordance with a sentencing                    
agreement.  Sections 7 and 11 restrict defendants convicted of felonies        
from appealing as excessive any sentence of two years or less, while           
secs. 8 and 12 restrict defendants convicted of misdemeanors from              
appealing as excessive a sentence of 120 days or less.                         
                                                                               
Most of the remaining sections of this bill set limits on the ability of       
prisoners to challenge their convictions years after they have already         
pursued normal appellate procedures and lost.  After a prisoner loses          
on direct appeal, current law allows the prisoner to pursue a second or        
third round of challenges in state court.  These challenges are referred       
to as "post-conviction relief" proceedings.  If the prisoner loses these       
rounds, the prisoner can start yet another round of challenges in federal      
court.  This bill seeks to reduce the number of third and subsequent           
rounds of challenges currently allowed under state law.  This would            
limit most prisoners to one direct appeal and one set of post-conviction       
relief proceedings in the state court system and one set of post-              
conviction relief proceedings in the federal system.                           
                                                                               
Section 9 creates a new chapter in the code of criminal procedure to           
govern post-conviction relief procedures for persons convicted of              
criminal offenses.  This chapter delineates the scope of permissible           
post-conviction relief claims by prohibiting claims based on the               
erroneous admission of evidence, illegal searches and seizures, and the        
excessiveness of a sentence.                                                   
                                                                               
In addition, sec. 9 imposes a maximum time limit from the entry of a           
conviction for filing an application for post-conviction relief to             
challenge a judgment of conviction.  This section also imposes a one-          
year limit from the entry of an administrative decision by the Parole          
Board or Department of Corrections for filing an application for post-         
conviction relief to challenge a decision involving parole or time             
accounting.  Section 26 imposes a 180-day limit for the filing of a            

1995-02-27                     House Journal                      Page 0491
HB 201                                                                       
motion for a new trial based on newly discovered evidence, while sec.          
19 limits the authority of the appellate court to accept late appeals and      
petitions for hearing in cases involving criminal offenders.                   
                                                                               
Current law allows a defendant to try to withdraw a plea of guilty or          
no contest after entering the plea or even after being sentenced if the        
defendant so chooses.  Section 25 requires a defendant who wants to            
withdraw a plea after having been sentenced to file an application for         
post-conviction relief.  Section 26 eliminates the ability of trial judges     
to grant a new trial on the ground that the jury's verdict is contrary to      
the weight of the evidence.                                                    
                                                                               
Sections 6 and 16 prohibit appellate courts from releasing convicted           
defendants on bail until all of the defendant's convictions are vacated.       
Section 10 limits indigent offenders' right to an appointed attorney to        
timely applications for post-conviction relief; appointed counsel will         
no longer be available for appeals from the denial of post-conviction          
relief.                                                                        
                                                                               
The bill includes changes to the Alaska Administrative Rules of Court,         
the Rules of Appellate Procedure, and the Rules of Criminal Procedure,         
which are necessary to make the rules conform to the proposed                  
statutory changes.  Section 32 also amends Criminal Rule 35.1(g) to            
allow the court in post-conviction relief proceedings to authorize the         
applicant to participate telephonically or by video conferencing, as an        
alternative to transporting the applicant to court for the hearing.            
Finally, secs. 22 and 23 require a court to impose the sentence                
contemplated by a plea agreement or allow either party to withdraw             
from the agreement; this is a change from existing law, which allows           
the court to impose the sentence contemplated in the agreement or              
impose a sentence more favorable to the defendant.  There is no reason         
that the state should be prohibited from withdrawing from an                   
agreement that the court believes is inappropriate, as defendants are          
permitted to do.                                                               
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"                                                             

1995-02-27                     House Journal                      Page 0492
HB 202                                                                       
HOUSE BILL NO. 202 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the participation and accountability of parents           
and guardians and the enforcement of restitution orders entered in             
juvenile delinquency proceedings; relating to claims on permanent              
fund dividends for certain court-ordered treatment in juvenile                 
delinquency proceedings; changing Alaska Supreme Court                         
Delinquency Rules 3(b) and 8(b); and providing for an effective                
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95              
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Revenue, 2/27/95                                    
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to parental participation and accountability,     
and the enforcement of restitution orders, in juvenile delinquency             
proceedings.  This bill amends the statutes governing orders in                
delinquency proceedings to authorize the court to require that parents         
or guardians of juvenile offenders personally participate in  treatment        
when appropriate, to require attendance of those persons at hearings           
that concern their children, and to require that parents be responsible        
for payment of restitution for harm caused by their children.  The bill        
also specifies that the recipient of such a restitution order may enforce      
payment under the civil code, AS09.35, as if the order were a civil            
judgment.                                                                      
                                                                               
This bill is intended to increase the effectiveness of the juvenile justice    
system by increasing parental or guardian involvement and                      

1995-02-27                     House Journal                      Page 0493
HB 202                                                                       
responsibility.  Juvenile courts currently lack authority to compel            
parents or guardians to engage in treatment even though the parent's           
or guardian's behavior may be associated with the juvenile's                   
delinquent behavior.  The bill not only requires parental or guardian          
participation in treatment, but also contains a provision that makes the       
parent or guardian responsible for covering the cost of that treatment,        
either through using insurance or other such resource, or paying for the       
treatment.  Under certain circumstances, if the Department of Health           
and Social Services pays for the treatment, that department may claim          
the parent's or guardian's permanent fund dividend in reimbursement.           
It is intended that the provisions in this bill will be enforceable by the     
contempt powers of the court under AS09.50.                                    
                                                                               
The provision in sec. 4 of the bill, which will allow enforcement of a         
restitution order under the civil code, parallels a provision that already     
exists in AS12.55.051 of the criminal code for restitution orders              
entered in adult cases.  This will simplify the process for collection         
under such a restitution order.  A victim of a crime perpetrated by a          
juvenile will be able to seek recovery under a restitution order even          
after the juvenile reaches age 18 and the juvenile court typically would       
no longer have jurisdiction over that person.                                  
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"                                                             
                                                                               
HB 203                                                                       
HOUSE BILL NO. 203 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the meaning of the phrase "previously                     
convicted" as that phrase applies to the operation of a motor                  
vehicle, commercial motor vehicle, aircraft, or watercraft while               
intoxicated."                                                                  
                                                                               
was read the first time and referred to the Transportation and Judiciary       
Committees.                                                                    
                                                                               

1995-02-27                     House Journal                      Page 0494
HB 203                                                                       
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the meaning of the phrase "previously          
convicted" for purposes of this state's driving while intoxicated (DWI)        
laws.  Alaska law tries to discourage repeat offenders by treating them        
more harshly than first offenders.  In keeping with this public policy,        
the mandatory minimum sentences for second, third, and subsequent              
drunk driving offenses require more jail time, higher fines, and longer        
revocations of driving privileges.  A repeat DWI offender also is              
subject to forfeiture of the vehicle or aircraft involved in the               
commission of the offense, and is precluded from being granted limited         
license privileges during the time that person's driver's license is           
revoked.                                                                       
                                                                               
In Burnette v. Municipality of Anchorage, 823 P.2d 10 (Alaska App.           
1991), an Alaska court held that a defendant who had a prior DWI               
conviction from Oregon was not subject to Alaska's enhanced                    
mandatory minimum sentence for second offenses because Oregon's                
DWI law was less restrictive than Alaska's law.  In Oregon, and many           
other states, a person is presumed intoxicated if there is more than .08       
percent by weight of alcohol in the person's blood (BAC).  Alaska still        
uses the .10 percent BAC standard.  Because it is possible for a person      
in Oregon or one of these other states to be convicted of drunk driving        
with a lower BAC than that required in Alaska, our courts have held            
that convictions from these states cannot be counted when deciding             
what is the proper mandatory minimum sentence to impose.   This                
result occurs even if the court records from the other state show that         
the person's BAC was not .08 or .09 percent, but was actually .10              
percent or higher at the time of the offense.                                  
                                                                               

1995-02-27                     House Journal                      Page 0495
HB 203                                                                       
This is not fair.  A person who has been convicted of drunk driving in         
one state should be treated like a repeat offender when convicted of           
drunk driving in another state.  The person should not be treated like         
a first offender over and over again because of technical differences          
between the states' laws.  Drunk drivers are dangerous and need to be          
kept off of our roads.                                                         
                                                                               
This bill will help do that.  It amends DWI-related provisions in AS28         
to make clear that the phrase "previously convicted" includes a                
conviction under a law of another state even if that law allows                
conviction with a lower BAC level than that used in Alaska.  Whether           
another state's law allows a DWI conviction for .08 or .09 BAC levels,         
it is still a conviction for drunk driving and it should count as one.         
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
		Sincerely,                                                                   
							/s/                                                                     
		Tony Knowles                                                                 
		Governor"                                                                    
                                                                               
HB 204                                                                       
HOUSE BILL NO. 204 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the administrative revocation of a minor's                
license to drive; creating criminal offenses of minor operating a              
vehicle after consuming alcohol, a minor's refusal to submit to                
chemical test, and driving during the 24 hours after being cited for           
minor operating a vehicle after consuming alcohol; establishing                
penalties for these offenses; and relating to implied consent to               
certain testing if operating a motor vehicle, aircraft, or watercraft."        
                                                                               
was read the first time and referred to the Transportation and Judiciary       
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal notes (2), Dept. of Public Safety, 2/27/95                         

1995-02-27                     House Journal                      Page 0496
HB 204                                                                       
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to minors operating vehicles after                
consuming alcohol.  Despite our best efforts to date, the number of            
drunk drivers continues to rise in Alaska.  The state needs new tools          
to respond to the problem of drunk driving.                                    
                                                                               
An important step in making our roads and other avenues of                     
transportation safe is to focus on high-risk drivers and let the police        
take them off the road before tragedy strikes.  Two particularly high-       
risk groups of drivers are those who operate commercial motor                  
vehicles and minors.  The legislature addressed commercial motor               
vehicle operators in 1992, passing stringent laws that keep commercial         
drivers off the roads when they are under the influence of alcohol.            
The time has come to do the same with underage drivers, who                    
generally are not allowed under the law to possess or consume any            
alcohol.                                                                       
                                                                               
This bill establishes a "zero tolerance level" for minors who consume          
alcohol and then operate a motor vehicle, aircraft, or watercraft.  It         
does this by creating three new criminal violations:  "minor operating         
a vehicle after consuming alcohol," "minor's refusal to submit to a            
chemical test," and "driving within the 24 hours after being cited for         
minor operating a vehicle after consuming alcohol."                            
                                                                               
These new offenses are only infractions and cannot result in jail time         
being imposed.  Instead, the penalty is a fine of not more than $1,000,        
an order that the minor perform community work service, or a                   
combination of the two.  An important feature of the proposed new              
law is that the minor can be taken off the road and to a police station        
or other location for the administration of a chemical test to determine       
the presence of alcohol in the minor's blood or breath.  If the minor          
refuses to take the test, that is a separate infraction, much like the         
misdemeanor crime of refusal we have for driving-while-intoxicated             
cases.                                                                         
                                                                               
                                                                               

1995-02-27                     House Journal                      Page 0497
HB 204                                                                       
This bill's amendments to AS28.15.183 and 28.15.184 would make                 
the minor's driver's license or permit, privilege to drive, or privilege       
to obtain a license subject to administrative revocation under those           
"use it, lose it" statutes.                                                    
                                                                               
Under the bill, a minor who is cited for driving after consuming               
alcohol is prohibited from operating a motor vehicle, aircraft, or             
watercraft during the 24 hours after the citation is issued.  This will        
help ensure that the minor stays off the road or other avenues of              
transportation while under the influence of alcohol.                           
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
			Sincerely,                                                                  
                                                                               
								/s/                                                                    
			Tony Knowles                                                                
			Governor"                                                                   
                                                                               
HB 205                                                                       
HOUSE BILL NO. 205 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                              
"An Act relating to a claim based on criminal street gang activity;           
relating to offenses related to criminal street gang activities;               
relating to the crime of recruitment for, sentencing for, and                  
forfeiture of property relating to criminal street gang activities;            
restricting criminal street gang offenders from obtaining a permit             
to carry a concealed handgun; amending Alaska Rule of Civil                    
Procedure 82; and providing for an effective date."                            
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, State Affairs and Judiciary Committees.                              
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95              
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              

1995-02-27                     House Journal                      Page 0498
HB 205                                                                       
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the prevention of criminal activities by       
street gangs.  These crimes have become a distressing part of life in          
Anchorage and other urban areas of the state.  Gangs have been                 
responsible for drive-by shootings, random brutal violence, and a major        
increase in drug trafficking.  If we cannot control the criminal acts of       
gangs, we cannot control crime as a whole in this state.                       
                                                                               
This bill will allow us to crack down on criminal activities of gangs in       
this state in several different ways.  First, it creates a civil cause of      
action for victims against gang members, affording treble damages and          
full reasonable attorney fees, for harm resulting from the member's            
participation in the criminal street gang.  If the gang member is an           
unemancipated minor, the parent of the minor is liable, as well.               
                                                                               
Next, the bill makes it a crime (a class C felony) for a person to use         
or threaten to use force to induce another person to participate in, or        
commit a crime on behalf of, a criminal street gang.  The bill also            
makes it a crime (a class A misdemeanor) for an adult to encourage or          
recruit a minor to participate in a criminal street gang, even if force or     
the threat of force is not used.                                               
                                                                               
The bill allows the court to impose criminal forfeiture to the state of        
certain property used in or obtained through criminal street gang              
activities.                                                                    
                                                                               
This bill also makes it an aggravator for presumptive sentencing               
purposes in felony cases for a person to commit an offense for the             
benefit of, at the direction of, or in association with a street gang.  If     
the offense is not a felony, this bill will increase the level of the          
offense, so that a class B misdemeanor that is related to criminal street      
gang activities will be a class A misdemeanor and a class A                    
misdemeanor that is related to criminal street gang activities will be a       
class C felony.  Crimes committed in association with gang activity            
generally result in more serious injury or damage than other offenses,         
and it is appropriate that they be treated more seriously.                     

1995-02-27                     House Journal                      Page 0499
HB 205                                                                       
Finally, the bill amends concealed handgun permit statutes in AS18.65          
to prohibit those who have committed or are charged with committing            
certain misdemeanor offenses related to criminal street gang activities        
from being eligible for a concealed handgun permit.  Under existing            
AS18.65.705(2), a felony charge or conviction, whether or not related          
to criminal street gang activities, would make a person ineligible for         
a permit.                                                                      
                                                                               
We need to free our communities from the fear created by criminal              
activities of street gangs.  We can do this by stopping the recruitment        
of minors into gangs for these activities and by increasing the penalties      
for those who commit crimes as part of a gang or on behalf of a gang.          
This bill does both.  I urge your favorable action on it.                      
                                                                               
		Sincerely,                                                                   
							/s/                                                                     
		Tony Knowles                                                                 
		Governor"                                                                    
                                                                               
HB 206                                                                       
HOUSE BILL NO. 206 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the revocation of a minor's license to drive,             
privilege to drive, or privilege to obtain a driver's license for an           
offense involving a controlled substance, possession or                        
consumption of alcohol, or the illegal use or possession of a                  
firearm; and requiring the expulsion or suspension of students                 
possessing deadly weapons."                                                    
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Transportation and Judiciary Committees.                             
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal note, Dept. of Education, 2/27/95                                  
Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95              
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
                                                                               

1995-02-27                     House Journal                      Page 0500
HB 206                                                                       
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill designed to deter juveniles from illegally using or        
possessing guns.                                                               
                                                                               
                                                                               
Our juvenile justice system is trying to deal with the state's ever-           
growing number of delinquents.  The system, however, is already                
operating at capacity.  There are juveniles who know that penalties for        
minor offenses are rarely imposed.  We need to bring home to                   
juveniles in as many ways as possible the message, not only that               
"crime doesn't pay," but that there are consequences for committing            
crimes.  This bill adds two consequences to our existing laws against          
possessing guns on school grounds:  being expelled from school for at          
least one year, and losing the privilege to drive.                             
                                                                               
                                                                               
The possession and use of firearms by juveniles has increased                  
dramatically in recent years.  In 1993, 76 juveniles in Anchorage were         
charged with Misconduct Involving Weapons.  These cases did not              
include violent or drug-related offenses in which a juvenile used or           
possessed a handgun; these cases involved specific weapons offenses.           
In 1994, there were over 100 cases, and the numbers are still going up.        
                                                                               
                                                                               
During the 1992-93 school year, 12 students were caught with guns at           
Anchorage schools.  In the 1993-94 school year, that number rose to            
27.  We need to stop this trend now.                                         
                                                                               
The first key component of the bill puts at risk something almost all          
juveniles care about, the privilege to drive, as a penalty for illegally       
using or possessing a gun.  This provision is contained in section 2,          
and amends the current "use it, lose it" law.  For a first offense, the        
revocation is 90 days; after that it is for a period of up to one year.        
                                                                               
The second key component of the bill is set out in sec. 1.  It requires        
school districts to expel for at least one year any student who brings         

1995-02-27                     House Journal                      Page 0501
HB 206                                                                       
a firearm1 to school.  This provision is mandated by the federal Gun           
Free Schools Act, which requires a state that receives federal money           
under the Elementary and Secondary Education Act to have a                     
provision of this nature in effect by October 20, 1995.  In FY 95, the         
State of Alaska received over $90 million, most of which went directly         
to local school districts, under the Elementary and Secondary                  
Education Act.  This bill will allow Alaska to continue receiving these        
funds in future years.                                                         
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
			Sincerely,                                                                  
								/s/                                                                    
			Tony Knowles                                                                
			Governor                                                                    
                                                                               
___________________                                                            
1Under 18 U.S.C. 921, "firearm" does not include a rifle that the             
owner intends to use solely for sporting, recreational, or cultural            
purposes."                                                                     
                                                                               
HB 207                                                                       
HOUSE BILL NO. 207 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to adjustments to royalty reserved to the state to           
encourage otherwise uneconomic production of oil and gas;                      
relating to the depositing of royalties and royalty sale proceeds in           
the Alaska permanent fund; and providing for an effective date."               
                                                                               
was read the first time and referred to the House Special Committee            
on Oil and Gas and the Resources and Finance Committees.                       
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Natural Resources, 2/27/95                               
Zero fiscal note, Dept. of Natural Resources, 2/27/95                          
Zero fiscal note, Dept. of Revenue, 2/27/95                                    
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         

1995-02-27                     House Journal                      Page 0502
HB 207                                                                       
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the reduction of royalties reserved to the     
state to encourage otherwise uneconomic production of oil and gas              
from marginal fields and to prolong the production life of declining           
fields.                                                                        
                                                                               
The bill would change existing royalty reduction provisions to grant           
the commissioner of the Department of Natural Resources greater                
discretion to provide royalty relief to lessees when necessary and             
clarify the commissioner's authority to grant such relief under various        
provisions in AS38.05.180.                                                     
                                                                               
The proposed changes will require the lessee to make a clear and               
convincing showing that a royalty reduction is necessary and is in the         
best interest of the state.  The commissioner may condition granting of        
a royalty reduction in any way necessary to protect the state's best           
interests, such as increasing the state's royalty share if the price of oil    
or gas rises.                                                                  
                                                                               
Finally, the bill maintains the royalty contributions to the permanent         
fund so that the fund would never receive a royalty less than that             
provided under existing statutes.                                              
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"                                                             
                                                                               
                                                                               
HB 208                                                                       
HOUSE BILL NO. 208 by Representatives Moses, Austerman,                        
Williams, Mackie, Grussendorf, Elton and Kubina, entitled:                     
                                                                               
"An Act relating to seafood processing plans of operation and                 
seafood processing standard operating procedures; relating to                  
quality assurance plans; and providing for an effective date."                 
                                                                               

1995-02-27                     House Journal                      Page 0503
HB 208                                                                       
was read the first time and referred to the House Special Committee            
on Fisheries.                                                                  
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 by Representative Green, entitled:                          
                                                                               
"An Act relating to the authority of the commissioner of natural              
resources to allow reductions of royalty on oil and gas leases; and            
providing for an effective date."                                              
                                                                               
was read the first time and referred to the House Special Committee            
on Oil and Gas and the Resources and Finance Committees.                       
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 19                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 19                                                             
"An Act relating to the definition of 'fault' as that term is used for        
the purposes of determining the liabilities of parties in civil                
actions, setting limitations on civil liability, and authorizing the           
award, in conformance with applicable court rule, of attorney fees             
in civil actions."                                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  5DP  2NR                                                 265         
	HJUD LETTER OF INTENT                                             266         
	2 ZERO FN (LAW, ADM) 2/8/95                                       266         
	FIN RPT  9DP 2NR                                                  362         
	HJUD LETTER OF INTENT                                             362         
	ZERO FISCAL NOTE (LAW, ADM) 2/8/95                                362         
                                                                               
Representative Vezey moved and asked unanimous consent that HB 19              
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               

1995-02-27                     House Journal                      Page 0504
HB 19                                                                        
HB 19 was read the third time.                                                 
                                                                               
                                                                               
The question being:  "Shall HB 19 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 19                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,               
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek,                  
Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,            
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
Nays:  Barnes, Navarre                                                         
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, HB 19 passed the House.                                                
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adopt the Judiciary Committee Letter of Intent (page 362).               
                                                                               
Representative Mackie objected.                                                
                                                                               
                                                                               
The question being:  "Shall the House adopt the Judiciary Committee            
Letter of Intent?"  The roll was taken with the following result:              
                                                                               
HB 19                                                                          
Judiciary Committee Letter of Intent                                           
                                                                               
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               

1995-02-27                     House Journal                      Page 0505
HB 19                                                                        
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter,                
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, the motion passed.                                                     
                                                                               
Representative Navarre gave notice of reconsideration of his vote on           
HB 19.                                                                         
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 9                                                                        
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 9                                             
Relating to Alaska School Bus Driver Appreciation Day.                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  CS(TRA) 7DP                                              438         
	ZERO FISCAL NOTE (DOE)                                            439         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA)                                 
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The question being:  "Shall CSHCR 9(TRA) pass the House?"  The                 
roll was taken with the following result:                                      
                                                                               

1995-02-27                     House Journal                      Page 0506
HCR 9                                                                        
                                                                               
CSHCR 9(TRA)                                                                   
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter,                
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, CSHCR 9(TRA) passed the House and was referred to the                  
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 6                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 6(RES)                                     
Relating to federally held property in those states, including                
Alaska, admitted to the Union since 1802.                                      
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  6DP 2DNP                                                 444         
	ZERO FISCAL NOTE (S.RES) 2/3/95                                   445         
                                                                               
Representative Vezey moved and asked unanimous consent that CSSJR              
6(RES) be considered engrossed, advanced to third reading and placed           
on final passage.  There being no objection, it was so ordered.                
                                                                               
CSSJR 6(RES) was read the third time.                                          
                                                                               

1995-02-27                     House Journal                      Page 0507
SJR 6                                                                        
The question being:  "Shall CSSJR 6(RES) pass the House?"  The roll            
was taken with the following result:                                           
                                                                               
CSSJR 6(RES)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  7   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green,                
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina,                
Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg,            
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
Nays:  Brown, Davies, B.Davis, Elton, Finkelstein, MacLean, Robinson           
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Mackie, Masek, Moses                                                  
                                                                               
And so, CSSJR 6(RES) passed the House.                                         
                                                                               
Representative Navarre gave notice of reconsideration of his vote on           
CSSJR 6(RES).                                                                  
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Commemorating - Black History Month, February 1 - 28, 1995                     
By Representatives B. Davis, Phillips, Barnes, Brice, Brown, Bunde,            
Davies, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott,            
Kubina, MacLean, Mackie, Martin, Masek, Navarre, Nicholia, Parnell,            
Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis           
                                                                               
Honoring - Service Cougars, 1994 State Football Champions                      
By Representatives Green, Brice, Bunde, B.Davis, Foster, Hanley,               
James, Kubina, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter,             
Rokeberg, Sanders, Toohey, Vezey, Willis                                       

1995-02-27                     House Journal                      Page 0508
Honoring - North Star Elementary School, Blue Ribbon School of                 
Excellence                                                                     
By Representatives Green, Phillips, Brice, Brown, Davies, B.Davis,             
Foster, James, Kubina, MacLean, Mackie, Mulder, Navarre, Nicholia,             
Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis            
                                                                               
Honoring - Bethel "Lady Warriors" Basketball Team                              
By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre,             
Robinson, Vezey; Senator Hoffman                                               
                                                                               
Honoring - Bethel "Warriors" Basketball Team                                   
By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre,             
Vezey; Senator Hoffman                                                         
                                                                               
Honoring - Bethel "Warriors" Cheerleaders and Team Mascot                      
By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre;             
Senator Hoffman                                                                
                                                                               
Honoring - Volunteers in Service to America                                    
By Senator Duncan; Representatives Elton, Robinson, Brice, Davies,             
B.Davis, Mackie, Navarre                                                       
                                                                               
Honoring - Charles Brewster                                                    
By Senator Green; Representatives B.Davis, Hanley, Martin, Mulder,             
Robinson, Toohey                                                               
                                                                               
Honoring - Teresa Garrison                                                     
By Senator Zharoff; Representatives Foster, B.Davis, James, Kubina,            
Mackie, Nicholia, Robinson, Sanders, Toohey, Willis                            
                                                                               
Honoring - Alaska Native Education, First Interior Youth Leadership            
Conference                                                                     
By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Brown,          
Davies, B.Davis, Elton, Finkelstein, Foster, Ivan, James, Kubina,              
MacLean, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey,                 
Willis                                                                         
                                                                               
                                                                               
In Memoriam - Joseph "Joey" Jackovich                                          
By Representatives Kelly, Brice, Davies, B.Davis, Mulder, Toohey,              
Vezey                                                                          
                                                                               

1995-02-27                     House Journal                      Page 0509
                             UNFINISHED BUSINESS                             
                                                                               
HB 44                                                                        
The Speaker added a Finance Committee referral to follow the                   
Judiciary Committee referral for the following:                                
                                                                               
HOUSE BILL NO. 44                                                             
"An Act providing that a political use is not an authorized use of            
charitable gaming proceeds; prohibiting the contribution of                    
charitable gaming proceeds to candidates for certain public offices,           
their campaign organizations, or to political groups; providing that           
a political group is not a qualified organization for purposes of              
charitable gaming; relating to what is a qualified organization for            
the purpose of charitable gaming permitting; and providing for an              
effective date."                                                               
                                                                               
HB 44 is in the Judiciary Committee.                                           
                                                                               
HB 80                                                                        
The Speaker added a Finance Committee referral for the following:              
                                                                               
HOUSE BILL NO.  80                                                            
"An Act relating to the approval, change, or vacation of                      
subdivision plats in areas outside organized boroughs, in the                  
unorganized borough outside of cities, and in the third class                  
boroughs; and relating to the definitions of 'street' and                      
'subdivision'."                                                                
                                                                               
HB 80 was sent to the Finance Committee.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House as noted:                
                                                                               
Representative Ivan - from 6:30 a.m., March 3 to 7:10 p.m., plane              
time, March 5, 1995                                                            
                                                                               
Representative Foster - from 7:00 p.m., March 9 to 9:30 a.m., plane            
time, March 14, 1995                                                           
                                                                               
Representative B.Davis - from 7:10 p.m., March 9 to 12:20 p.m., plane          
time, March 13, 1995                                                           

1995-02-27                     House Journal                      Page 0510
Representative Parnell - from 6:30 a.m., March 9 to 9:29 a.m, plane            
time, March 10, 1995                                                           
                                                                               
Representative Robinson - from 7:10 a.m., March 9 to 6:15 p.m., plane          
time, March 11, 1995                                                           
                                                                               
Representative Masek - from 8:50 p.m., March 10 to 8:48 p.m., plane            
time, March 13, 1995                                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following citation be taken up as a Special Order of Business at this          
time:                                                                          
                                                                               
Honoring - John W. Sibert, Ph.D.                                               
By Senator Pearce; Representatives Brice, Brown, Bunde, Davies, B.             
Davis, G. Davis, Elton, Finkelstein, Foster, Hanley, James, Kubina,            
Mackie, Mulder, Navarre, Porter, Robinson, Rokeberg, Sanders, Vezey,           
Willis                                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citation.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The citation was sent to enrolling.                                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 22                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE JOINT RESOLUTION NO. 22                                                 
Relating to the maritime boundary between Alaska and the former               
Union of Soviet Socialist Republics.                                           
                                                                               

1995-02-27                     House Journal                      Page 0511
HJR 31                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE JOINT RESOLUTION NO. 31                                                 
Urging the United States Congress to consider and enact                       
legislation to revise the Internal Revenue Code to levy a flat tax.            
                                                                               
HB 169                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 169                                                            
"An Act defining the scope of the responsibility of the Department            
of Natural Resources for regulating the development of the mineral             
resources of the state."                                                       
                                                                               
                                                                               
HB 173                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 173                                                            
"An Act relating to reports by state agencies."                               
                                                                               
                                                                               
HB 175                                                                       
Representative Ivan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 175                                                            
"An Act relating to sport fish guides; and providing for an                   
effective date."                                                               
                                                                               
                                                                               
HB 192                                                                       
Representative Ivan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 192                                                            
"An Act relating to housing programs of the Alaska Housing                    
Finance Corporation, the corporation's supplemental housing                    
development grants to regional housing authorities, and to housing             
programs of regional housing authorities, and permitting regional              
housing authorities to make, originate, and service loans for the              
purchase and development of residential housing."                              
                                                                               

1995-02-27                     House Journal                      Page 0512
SJR 6                                                                        
Representative Ogan added his name as cross-sponsor to:                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 6(RES)                                     
Relating to federally held property in those states, including                
Alaska, admitted to the Union since 1802.                                      
                                                                               
SB 13                                                                        
Representative Toohey added her name as cross-sponsor to:                      
                                                                               
CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld)                                
"An Act relating to the admissibility into evidence of                        
deoxyribonucleic acid (DNA) profiles in civil and criminal                     
proceedings."                                                                  
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HCR 9                                                                        
CSHCR 9(TRA) was engrossed, signed by the Speaker and Chief                    
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 1, 1995.  There being no                 
objection, the House adjourned at 12:19 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk